I’ve been asked many times for referrals to low or no-cost mediators. Those making the request say they’ve searched online and found the fees to be prohibitive or the mediator description intimidating. 

I always recommend that people check to see if their town has a community mediation center. There were perhaps ten community mediation programs in 1975. By 1995 there were about 300 and presently there are well over 500 across the country. Community mediation centers are available to handle everything from landlord-tenant issues, roommate disagreements, consumer/merchant or service provider problems, homeowner/condominium association feuds, neighborhood quarrels, animal/pet-related frictions, land use debates, family discords and so on. 

The nextn concern is usually, “Are they any good?” Many in community mediation centers are volunteers and have a roster of 50 or so averaging 35 hours each year.  The volunteers want to be there because they gain satisfaction from providing a service to their communities. 

One shouldn’t assume because the mediators are volunteers that they aren’t as skilled as highly paid independent mediators. The volunteers have completed training and have probably conducted many scores of mediation sessions. It is not unusual to discover that an independent for-profit mediator received some training in a community mediation center or volunteered at one.

Community mediation centers strive to have all segments of their local community represented on their rosters. If parties want the mediation conducted in a language other than English, the center will attempt to accomodate the request.                                                                                                                    

It is not unusual at community mediation centers for there to be co-mediators rather than just one. The centers are the training ground for mediators and co-mediations makes it possible for people learning the ropes to develop their skills with an experienced mentor. But even by the time a person learning mediation is put in the role as co-mediator they have completed their training and are fully prepared.

Usually the final question is “How successful are the mediators in settling the dispute?” That’s my opportunity to explain again that mediators don’t decide; it’s the participants themselves who will. As is true for other contexts of mediation, perhaps some 60 to 70% of cases result in a settlement with only 20% not reaching an agreement. The remainder reached agreements on some of their issues.         

If you’re fortunate enough to have a community mediation center near you, please support it! It’s a valuable resource for you and your neighbors.

I received a few requests to provide some information on probate mediation. 

Probate is the legal term used to describe the administering of a deceased person’s estate with or without a will. Conflicts can arise when heirs and beneficiaries disagree. Probate court judges prefer that parties attempt mediation before a trial is scheduled. In cases involving disputes among family members, the goal is to facilitate an amicable resolution, which can have lasting benefits for the family. 

Attorneys play a significant part in probate mediation. The attorneys provide legal advice to their clients before the mediation, draft a mediation brief and advocate for their clients to protect their rights. 

Such mediators are more likely to be current or retired probate judges or attorneys with expertise in probate law. Nonetheless, the mediator does not act as a judge or decide for the parties. Intead, they facilitate communication and assist the parties in reaching mutually accepted resolutions.

As a generalization, retired judges and attorneys are comfortable using the evaluative style of mediation to express their opinions about proposals under discussion. A retired probate judge may express the opinion that a party’s case would likely not be sustained in trial, which is why some parties appreciate having an evaluative mediator with experience in probate law as their mediator. Other mediators will be more comfortable with the facilitative style, which focuses more on assisting the parties in negotiations and not evaluating nor giving opinions about the issues under discussion.

There is evidence to suggest that probate mediations are more likely to reach agreements than other forms. It’s been estimated that over 90% of probate cases settle before trial, whether by negotiation or mediation.